In force, Feb.[February] 26, 1841.
An ACT to Apportion the Representation of the several Counties in this
State.
1Ratio of representation.
Will.
Stephenson and Carroll.
Rock Island and Henry.
Ogle.
Knox.
McLean and Livingston.
Pike.
Cass.
Bond.
Clay.
Clinton and Washington.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That until the next census, as provided by the Constitution, shall have been taken
and an apportionment made thereon, the following shall be the ratio of representation for this State, viz, that each twelve thousand white inhabitants shall be entitled to one Senator;
and each four thousand white inhabitants shall be entitled to one Representative,
to be apportioned and divided as follows, to-wit: The counties of Cook and Lake, one representative, to be chosen from the county of Lake, and the county of Cook three representatives, and the two counties together, one senator, who shall be chosen
from the county of Cook;
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the counties of Will, Du Page and Iroquois one senator, who shall be chosen from Will, the same counties one representative, to be chosen from Iroquois; the same three counties one representative, to be chosen from Du Page, and the county of Will two representatative; the counties of Kane, McHenry, Boone and DeKalb one senator and three representatives—one of the four to be chosen from each county;
the county of La Salle one senator and three representatives; the counties of Peoria, Stark and Bureau one senator and one representative; the county of Peoria one representative, and the counties of Stark and Bureau one representative; the counties of Tazewell, Marshall and Putnam one senator; the county of Tazewell two representatives, and the counties of Marshall and Putnam one representative; the counties of Stephenson and Carroll one representative, the county of Jo Daviess one representative, and the three together one senator; the counties of Rock Island and Henry one representative, the counties of Whiteside and Lee one representative, and the four together one senator; the county of Winnebago one representative, the county of Ogle one representative, and the two together one senator; the county of Schuyler one representative, the county of Brown one representative, and the two together one representative and one senator; the county of Adams five representatives and one senator; the county of Hancock two representatives and one senator; the county of McDonough one representative, the counties of Warren and Henderson two representatives, and the three together one senator; the county of Knox one representative, the counties of Knox and Mercer one representative, and the two together one Senator; the county of Fulton three representatives and one senator, and the counties of Fulton and Peoria together one representative; the county of Sangamon four representatives and one senator; the county of Menard one representative, the counties of Logan and Mason one representative, and the three together one senator; the county of McLean one representative, the counties of McLean and Livingston one representative, the county of De Witt one representative, the counties of Piatt and Macon one representative, and the five counties together
one senator; the county of Morgan four representatives and one senator; the county of Pike three representatives and one senator; the county of Cass one representative, the county of Scott two representives, and the two together one senator; the county of Macoupin two representatives, the county of Jersey one representative, and the two together one senator; the county of Greene two representatives, the same county with Calhoun, one representative and one senator; the county of Madison three representatives and one senator; the county of St. Clair three representatives and one senator; the counties of Monroe and Randolph together three representatives and one senator; the county of Bond one repre-
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sentative, the county of Montgomery one representative, the county of Christian one representative, and the three together one senator; the counties of Fayette and Effingham two representatives, the county of Clay one representative, and the three together one senator; the county of Shelby one representative and one senator; the county of White one representative and one senator; the county of Wabash one representative, the county of Wayne one representative, the county of Edwards one representative, and the three together one senator; the county of Lawrence two representatives, the counties of Crawford and Jasper together two representatives, and the three counties one senator; the county of Clark two representatives, the county of Coles three representatives, and the two together one senator; the county of Edgar one representative and one senator; the county of Vermilion two representatives, the county of Champaigne one representative, and the two together one senator; the counties of Union and Alexander two representatives, one of whom shall be chosen from each of the said counties,
and the said counties one senator; the counties of Pope and Hardin together one representative, the county of Johnson one representative, and to the three together one senator; the county of Williamson one representative, the county of Jackson one representative, the county of Franklin one representative, and the three together one senator; the county of Gallatin three representatives and one senator; the county of Hamilton one representative, the county of Jefferson one representative, the county of Marion one representative, the three counties together one representative and one senator;
the county of Pery one representative, the counties of Clinton and Washington each one representative, and the three counties together one senator.2Election districts.
Sec. 2. Whenever, in the preceding section, two or more counties are joined together for the purpose of electing representatives
or senator, they shall form, and are hereby constituted districts for that purpose.
Place of meeting to compare returns of elections
Chicago
Chicago
Kane.
Knox.
Bond.
Pope.
Sec. 3. At all future elections for senator or representative, the clerks of the county commissioners' courts of the counties of Cook and Lake, shall meet at Chicago, in the county of Cook, to compare the returns of election for senator and representatives in said district;
the clerks of the county commissioners' courts of the district composed of the counties
of Iroquois, Du Page and Will, shall meet at Juliet, in Will county, to compare the returns of election for senator and representatives in the said district;
the clerks of the county commissioners' courts of the several counties composing the
district of Kane, McHenry, Boone and DeKalb, shall meet at the county seat of Kane county to compare the returns of election of senator and representatives in the said district;
the clerks of the county commissioners' courts of the counties which compose the district
of Peoria, Stark
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and Bureau, shall meet at the county seat of Peoria county to compare the returns of election for Senator and representatives in the said district;
the clerks of the said courts for the counties of Stark and Bureau, shall meet at the county seat of Bureau county to compare the returns of election for representative in the said district; the clerks
of the said courts of the counties of Tazewell, Marshall and Putnam, shall meet at the county seat of Marshall county to compare the returns of election for senator for the said district; the clerks
of the said courts for the counties of Marshall and Putnam, shall meet at the county seat of Marshall county to compare the returns of election for representative for the said district; the
clerks of the said courts for the counties of Jo Daviess, Stephenson and Carroll, shall meet at the county seat of Carroll county to compare the returns of election for senator for the said district; the clerks
of the said courts for the counties of Stephenson and Carroll, shall meet at the county seat of Carroll county to compare the returns of election for representative for the said district; the
clerks of the said courts for the counties of Rock Island, Henry, Whiteside and Lee, shall meet at the county seat of Whiteside county to compare the returns of election for senator for the said district; the clerks
of the said courts for the counties of Whiteside and Lee, shall meet at the county seat of Lee county to compare the returns of election for representative for the said district; the
clerks of the said courts for the counties of Rock Island and Henry, shall meet at the county seat of Rock Island county to compare the returns of election for (representative) for the said district; the
clerks of the said courts for the counties of Winnebago and Ogle, shall meet at the county seat of Winnebago county to compare the returns of election for senator for the said district; the clerks
of the said courts for the counties of Brown and Schuyler, shall meet at the county seat of Schuyler county to compare the returns of election for senator and representative in the said district;
the clerks of the said courts for the counties of McDonough, Warren and Henderson, shall meet at the county seat of Warren county to compare the returns of election for senator; the clerks of the said courts
for the counties of Warren and Henderson, shall meet at the county seat of Warren county to compare the returns of election for representatives for the said district; the
clerks of the said courts for the counties of Knox and Mercer, shall meet at the county seat of Knox county to compare the returns of election for senator and representative to the said districts;
the clerks of the said courts for the counties of Peoria and Fulton, shall meet at the county seat of Peoria county to compare the returns of election for representative for the said district; the
clerks of the said courts for the counties of Menard, Logan and Mason, shall meet at the county seat of Menard county to compare the returns of election for senator for the said district; the clerks
of the said courts for the counties of
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Logan and Mason shall meet at the county seat of Logan county to compare the returns of election for representative for the said district; the
clerks of the said courts for the counties of McLean, Livingston, Piatt, De Witt and Macon, shall meet at the county seat of McLean county to compare the returns of election for senator for the said district; the clerks
of the said courts for the counties of McLean and Livingston, shall meet at the county seat of McLean county to compare the returns of election for representative for the said district; the
clerks of the said courts for the counties of Piatt and Macon, shall meet at the county seat of Macon county to compare the returns of election for representative for the said district; the
clerks of the said courts for the counties of Scott and Cass, shall meet at the county seat of Scott county to compare the returns of election for senator in the said district; the clerks of
the said courts for the counties of Macoupin and Jersey, shall meet at the county seat of Macoupin county to compare the returns of election for senator for the said district; the clerks of the said courts for the counties of Greene and Calhoun shall meet at the county seat of Greene county to compare the returns of election for senator and representative from the said district;
the clerks of the said courts for the counties of Monroe and Randolph, shall meet at the county seat of Randolph county to compare the returns of election for senator and representatives for the said district;
the clerks of the said courts for the counties of Christian, Montgomery and Bond, shall meet at the county seat of Bond county to compare the returns of election for senator for the said district; the clerks
of the said courts for the counties of Fayette, Effingham and Clay, shall meet at the county seat of Effingham county to compare the returns of election for senator for the said district; the clerks
of the said courts for the counties of Fayette and Effingham, shall meet at the county seat of Effingham county to compare the returns of election for representative for the said district; the
clerks of the said courts for the counties of Wabash, Edwards and Wayne, shall meet at the county seat of Edwards county to compare the returns of election for senator for the said district; the clerks
of the said courts for the counties of Jasper, Crawford and Lawrence, shall meet at the county seat of Crawford county to compare the returns of election for senator for the said district; the clerks
of the said courts for the counties of Crawford and Jasper, shall meet at the county seat of Crawford county to compare the returns of election for representatives for the said district; the
clerks of the said courts for the counties of Coles and Clark, shall meet at the county seat of Coles county to compare the returns of election for senator for the said district; the clerks
of the said courts for the counties of Vermilion and Champaigne, shall meet at the county seat of Vermilion county to compare the returns of election for senator for the said district; the clerks
of the said courts for the counties of Union and Alexander, shall
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meet at the county seat of Union county to compare the returns of election for senator and representatives for the said district;
the clerks of the said courts for the counties of Pope, Johnson and Hardin shall meet at the county seat of Pope county to compare the returns of election for senator for the said district; the clerks of the said courts for the counties of Williamson, Jackson and Franklin shall meet at the county seat of Williamson county to compare the returns of the election for senator of the said district; the clerks
of the said courts for the counties of Hamilton, Jefferson and Marion, shall meet at the county seat of Jefferson county to compare the returns of election for senator and representative for the said district;
the clerks of the said courts for the counties of Perry, Washington and Clinton, shall meet at the county seat of Washington county to compare the returns of election for senator for the said district; and the clerks
of the said courts for the counties of Clinton and Washington, shall meet at the county seat of said Washington county to compare the returns of election for representative for the said district.
Time of meeting of clerks to compare returns of election.
Sec. 4. The clerks of the county commissioners' courts of the several counties above named,
shall meet at the several places before mentioned, within fifteen days next after
any election for senator or representatives in any of the said districts, for the
purpose of comparing the votes given at such election.
Approved by the Council of Revision, February 26, 1841.
1On December 22, 1840, the Senate passed a resolution to create a joint select committee consisting to two members
from the Senate and three from the House of Representatives to report a bill providing for the apportionment of representation. The House concurred
with this resolution on January 13, 1841. In response to this resolution, Ebenezer Peck from the joint select committee introduced HB 223 in the House on February 9. On the motion of Abraham Lincoln, the House tabled the bill, ordering 150 copies printed by a vote of 61 yeas to 23
nays, with Lincoln voting yea. On February 12, the House took up the bill, referring
it to the Committee of the Whole and making it the special order of the day for February
17. On February 16, the Committee of the Whole reported back the bill with an amendment,
in which the House concurred. The House tabled an amendment to the Committee’s report
by a vote of 45 yeas to 38 nays, with Lincoln voting nay. The House tabled several
additional amendments and motions. After a lengthy debate in which Lincoln participated,
the House tabled a motion to indefinitely postpone further consideration by a vote
of 52 yeas to 30 nays, with Lincoln voting yea. The House refused to table an amendment
to the first section by a vote of 39 yeas to 43 nays, with Lincoln voting nay.
The House tabled a motion to refer the bill to a select committee of two from each
of the state’s nine judicial circuits by a vote of 46 yeas to 34 nays, with Lincoln
voting nay. The House rejected the proposed amendment to the first section by a vote
of 30 yeas to 49 nays, with Lincoln voting nay. The House ordered the bill engrossed
by a vote of 47 yeas to 36 nays, with Lincoln voting nay. On February 20, the House
amended provisions for Perry, Clinton, and Washington counties. The House passed the bill as amended by a vote of 46 yeas to 37 nays, with
Lincoln voting yea. The Senate concurred on February 23 by a vote of 23 yeas to 12 nays. On February 26, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1840. 12th G. A., 2nd sess., , 220-21, 350-51, 384, 413-17, 445, 453, 487, 517,
524, 531; Illinois Senate Journal. 1840. 12th G. A., 2nd sess., 105, 360-61, 380-81; Illinois State Register (Springfield,
IL), 26 February 1841, 2:4; An Act Dividing the State into Judicial Circuits.
2On February 20, 1841, the House of Representatives added provisions for Perry, Clinton, and Washington counties.
Illinois House Journal. 1840. 12th G. A., 2nd sess., 453.
Printed Document, 6 page(s), Laws of the State of Illinois, Passed by the Twelfth General Assembly (Springfield, IL: William Walters, 1841), 23-28, GA Session: 12-2,